Stockman Bank of Montana v. AGSCO, Inc.

20060174 Stockman Bank of Montana, a
Montana banking corporation, Plaintiff and Appellant
v.
AGSCO, Inc., a North Dakota
corporation, Capital Harvest,
Inc., d/b/a Capital Harvest Finance
Company, a North Dakota
corporation, individually and
as agent for AGSCO, Inc., Defendants and Appellees
and
Farmers Union Oil Company of
Williston, a North Dakota
cooperative association,
MON-KOTA, Inc., a Montana
corporation, Betaseed, Inc.,
a Minnesota corporation, Central
Insurance Agency, a North
Dakota corporation, Steven D.
Cayko, a/k/a Steve Cayko, Perry
Elletson, a/k/a Perry E. Elletson,
Ron Gross, a/k/a Ronnie Gross,
Edward P. Ochs, a/k/a Eddie Ochs,
Tom Ochs, Mark Brunelle, Kelly
Brunelle, and Bill Sheldon, Defendants
and
Farmers Union Oil Company of Williston,
a North Dakota cooperative association, Third-party Plaintiff
v.
Hardy Farm, Inc., and Jim Hardy, Third-party Defendants
Appeal from: District Court, Northwest Judicial District, McKenzie County
Judge Gerald H. Rustad
Nature of Action: Contracts
Counsel:
Appellant: Crowley, Haughey, Hanson, Toole & Dietrich
Appellee: David James Eilertson
Term: 11/2006   Argument: 11/08/2006  10:45am
ND cite: 2007 ND 26
NW cite: 728 N.W.2d 142

Listen to recording of oral argument
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Issues: Appellant's Statement of the Issues:
1. Whether the District Court committed reversible error in determining that AGSCO and Capital Harvest had an agency relationship, as to provide a basis for Capital Harvest's claimed lien.
2. Whether the District Court committed reversible error in determining that the agricultural supplier's lien of Capital Harvest was entitled to the priority of N.D.C.C.  35-31-01.
3. Whether the District Court committed reversible error in determining that AGSCO/Capital Harvest was entitled to a lien on debt that had not yet matured.
4. Whether the District Court committed reversible error in determining that AGSCO/Capital Harvest met the agricultural supplier's lien statutory requirements.
5. Whether the District Court committed reversible error in allowing AGSCO/Capital Harvest to collect on an agricultural supplier's lien for sales occurring outside of the 120-day period.
6. Whether the District Court committed reversible error in allowing AGSCO/Capital Harvest to collect on an agricultural supplier's lien for amounts representing services performed by an independent third party.
7. Whether the District Court committed reversible error in failing to prorate the agricultural supplier's lien of AGSCO/Capital Harvest between chemicals applied to Montana crops and chemicals applied to North Dakota crops.
8. Whether the District Court committed reversible error in allowing AGSCO/Capital Harvest to collect interest at the contract rate on the line of credit with Hardy Farm, Inc. through the agricultural supplier's lien.
9. Whether the District Court committed reversible error in allowing AGSCO/Capital Harvest to recover twice for chemicals applied to Montana crops.
10. Whether the District Court committed reversible error in failing to require AGSCO/Capital Harvest to return the funds deposited with the Court after they were released.
Reply Brief Issues
A. The district court committed reversible error in determining that AGSCO and Capital Harvest had an agency relationship, as to provide a basis for Capital Harvest's claimed lien.
B. The district court committed reversible error in determining that the Agricultural Supplier's lien of Capital Harvest was entitled to the priority of N.D.C.C. 35-31-03.
C. The district court committed reversible error in determining that AGSCO/Capital Harvest was entitled to a lien on debt that had not yet matured.
D. The district court committed reversible error in determining that AGSCO/Capital Harvest met the agricultural supplier's lien statutory requirements.
E. The district court committed reversible error in allowing AGSCO/Capital Harvest to collect on an agricultural supplier's lien for sales occurring outside of the 120-day period.

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Docket entries:
106/13/2006 NOTICE OF APPEAL: 06/08/2006
206/13/2006 ANNOUNCED DISQUALIFICATION: Crothers, Daniel John
306/27/2006 APPELLANT'S MOTION FOR EXTENSION OF TIME PURSUANT TO RULE 26(b) AND BRIEF IN SUPPORT
406/27/2006 ACTION BY CLERK. Granted: 08/17/2006
507/07/2006 RECORD ON APPEAL (14 VOLUMES) AND SEPARATES (ENTRY NOS. 172, 175, 176) NO ENTRY FOR 461
608/16/2006 MOTION FOR LEAVE TO FILE BRIEF IN EXCESS OF 10,500 WORDS AND BRIEF IN SUPPORT
708/17/2006 E-FILED MOTION (WORD LIMIT EXT ATB)
808/17/2006 ACTION BY SUPREME COURT (GRANTED 500 WORD EXTENSION - WORD LIMIT ATB). Granted
908/17/2006 APPELLANT BRIEF
1008/17/2006 APPELLANT APPENDIX (2 volumes in black binders)
1108/18/2006 DISK - atb
1208/18/2006 Affidavit of Service of ATB by mail on 8/17/06
1309/12/2006 MOT. EXT/TIME APPELLEE BRIEF, Brief in Support, & Affidavit in Support
1409/12/2006 ACTION BY CHIEF DEPUTY CLERK. Granted: 10/02/2006
1509/26/2006 Appellee AGSCO's Mot/Leave/File/AEB/Excess/Words & Aff/Support
1609/26/2006 ACTION BY CHIEF JUSTICE (500 add'l words for AGSCO's AEB). Granted
1710/02/2006 APPELLEE BRIEF (AGSCO) (PDF)
1810/02/2006 E-FILED BRIEF (AEB)
1910/02/2006 APPELLEE APPENDIX
2010/02/2006 E-FILED APPENDIX (AEA)
2110/05/2006 Received $47 surcharge for AEB & AEA
2210/06/2006 Received remaining $1.50 surcharge for AEB & AEA
2310/09/2006 Letter dtd 10-6-06 from Dennis E. Johnson re not intending to appear & to take him off mailing list
2410/10/2006 Rec'd 7 cc of ATB from Central Duplicating Services
2510/10/2006 Rec'd 6 cc of ATA from Central Duplicating Services
2610/17/2006 REPLY BRIEF
2710/18/2006 DISK of RYB
2810/24/2006 SITTING WITH THE COURT: Wefald, Robert O.
2911/08/2006 APPEARANCES: Garth H. Sjue, Garth Kallevig w/ Stockman's Bank; John S. Foster, Tracy A. Kennedy
3011/08/2006 ARGUED: Sjue; Foster
3111/08/2006 ORAL ARGUMENT WEBCAST
3202/28/2007 DISPOSITION (remanded): AFFIRMED/PT, REVERSED/PT
3302/28/2007 UNANIMOUS OPINION: VandeWalle, Gerald W.
3402/28/2007 At Court's direction, no costs and disbursements will be taxed in this appeal
3503/01/2007 Order/Judgment Mailed to Parties
3603/14/2007 David J. Eilertson is now substitute counsel for Appellees AGSCO, INC and Capital Harvest replacing
3703/14/2007 John S. Foster & Tracy Ann Kennedy dated March 9, 2007
3803/14/2007 PETITION FOR REHEARING - Appellees
3903/14/2007 PETITION FOR REHEARING - Appellant
4003/14/2007 E-FILED BRIEF (PER AE)
4103/14/2007 E-FILED BRIEF (PER AT)
4203/15/2007 Made copies of PER - AE
4303/15/2007 Made copies of PER - AT
4403/26/2007 ACTION BY SUPREME COURT (Appellees' Petition for Rehearing). Denied
4503/26/2007 ACTION BY SUPREME COURT (Appellant's Petition for Rehearing). Denied
4604/05/2007 MANDATE
4704/13/2007 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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